Miscellaneous District Financing Rules

Filing Form DLG-32

Section 32-1-1604, C.R.S., requires a special district to file a notice of any authorization or incurrence of general obligation debt and a description of such debt in a form prescribed by the director of the division of local government in the department of local affairs with the county clerk and recorder in each county in whcih the district is located.  The recording must be done within 30 days after authorizing or incurring the debt.  This requirement does not apply to debt or lease purchase agreements that are not general obligation debt. In other words, revenue bonds or lease purchase agreements are not subject to this requirement.

Special Districts (Colorado)

Special Districts are created pursuant to Title 32 of the Colorado Revised Statutes, as amended (“C.R.S.”).

Community Development Districts (Florida)

Community development districts are created pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (“F.S.”).

Established for the purpose of providing basic community development services.

The initial board of five persons is designated when the district is created.  Each member holds office for a term of 2 or 4 years.  Within 90 days following the rule or ordinance establishing the district, there is to be held a meeting of the landowners at which the landowners elect five supervisors of the district.  Each landowner is entitled to case one vote per acre of land owned by him or her located within the district, for each person to be elected.

If the district intends to exercise ad valorem taxing power, the board must call an election at which members of the board of supervisors will be elected by “qualified electors.”

Regardless of whether the taxing power is to be exercised, generally by 6 years after the initial appointment of members and only if there are at least 250 qualified electors in the district, the position of each member whose term has expired must be filled by a qualified elector of the district.  If fewer than 250 qualified electors are in the district, members of the board will continue to be elected by landowners.

The power of eminent domain permits the district to exercise the power over any property within the state, except certain governmental and federal property, for the uses and purposes of the district.

Assessments may be imposed for the types of public improvements listed in F.S. 170.01.

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